EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Sections 3, 4 and 5 of Assembly Bill No. 284 of this

1-2 session are hereby amended to read as follows:

1-3 Sec. 3. 1. The state board of health shall adopt regulations

1-4 requiring the fluoridation of all water delivered for human

1-5 consumption in a county whose population is 400,000 or more by

1-6 a:

1-7 (a) Public water system that serves a population of 100,000 or

1-8 more; or

1-9 (b) Water authority.

1-10 2. The regulations must include, without limitation:

1-11 (a) The minimum and maximum permissible concentrations of

1-12 fluoride to be maintained by such a public water system or a

1-13 water authority, except that:

1-14 (1) The minimum permissible concentration of fluoride

1-15 must not be less than 0.7 parts per million; and

1-16 (2) The maximum permissible concentration of fluoride

1-17 must not exceed 1.2 parts per million;

2-1 (b) The requirements and procedures for maintaining proper

2-2 concentrations of fluoride, including any necessary equipment,

2-3 testing, recordkeeping and reporting;

2-4 (c) Requirements for the addition of fluoride to the water if the

2-5 natural concentration of fluorides is lower than the minimum

2-6 permissible concentration established pursuant to paragraph (a);

2-7 and

2-8 (d) Criteria pursuant to which the state board of health may

2-9 exempt a public water system or water authority from the

2-10 requirement of fluoridation upon the request of the public water

2-11 system or water authority.

2-12 3. The state board of health shall not require the fluoridation

2-13 of:

2-14 (a) The wells of a public water system or water authority if:

2-15 (1) The ground water production of the public water system

2-16 or water authority is less than 15 percent of the total average

2-17 annual water production of the system or authority for the years

2-18 in which drought conditions are not prevalent; and

2-19 (2) The wells are part of a combined regional and local

2-20 system for the distribution of water that is served by a fluoridated

2-21 source.

2-22 (b) A public water system or water authority:

2-23 (1) During an emergency or period of routine maintenance,

2-24 if the wells of the system or authority are exempt from

2-25 fluoridation pursuant to paragraph (a) and the supplier of water

2-26 determines that it is necessary to change the production of the

2-27 system or authority from surface water to ground water because

2-28 of an emergency or for purposes of routine maintenance; or

2-29 (2) If the natural water supply of the system or authority

2-30 contains fluoride in a concentration that is at least equal to the

2-31 minimum permissible concentration established pursuant to

2-32 paragraph (a) of subsection 2.

2-33 4. The state board of health may make an exception to the

2-34 minimum permissible concentration of fluoride to be maintained

2-35 in a public water system or water authority based on:

2-36 (a) The climate of the regulated area;

2-37 (b) The amount of processed water purchased by the residents

2-38 of the regulated area; and

2-39 (c) Any other factor that influences the amount of public water

2-40 that is consumed by the residents of the regulated area.

2-41 5. The health division of the department of human resources

2-42 shall make reasonable efforts to secure any available sources of

2-43 financial support, including, without limitation, grants from the

3-1 Federal Government, for the enforcement of the standards

3-2 established pursuant to this section and any related capital

3-3 improvements.

3-4 6. A public water system or water authority may submit to the

3-5 health division a claim for payment of the initial costs of the

3-6 public water system or water authority to begin complying with

3-7 the provisions of this section regardless of whether the public

3-8 water system or water authority is required to comply with those

3-9 provisions. The administrator of the health division may approve

3-10 such claims to the extent of legislative appropriations and any

3-11 other money available for that purpose. Approved claims must be

3-12 paid as other claims against the state are paid. The ongoing

3-13 operational expenses of a public water system or water authority

3-14 in complying with the provisions of this section are not

3-15 compensable pursuant to this subsection.

3-16 7. As used in this section:

3-17 (a) "Supplier of water" has the meaning ascribed to it in NRS

3-18 445A.845.

3-19 (b) "Water authority" has the meaning ascribed to it in NRS

3-20 377B.040.

3-21 Sec. 4. NRS 445A.050 is hereby amended to read as follows:

3-22 445A.050 The provisions of NRS 445A.025 to [445A.045,]

3-37 users.

3-38 Sec. 5. 1. This section becomes effective upon passage and

3-39 approval.

3-40 2. Section 3 of this act becomes effective upon passage and

3-41 approval for the purpose of adopting regulations and on October 1,

3-42 1999, for all other purposes.

4-1 3. Sections 1, 2, 4 and 4.5 of this act become effective on

4-2 October 1, 1999.

4-3 4. This act expires by limitation on January 1, 2001, if a

4-4 majority of the voters voting on the question placed on the ballot

4-5 pursuant to section 4.5 of this act vote affirmatively in all counties

4-6 in which the measure was placed on the ballot.

4-7 Sec. 2. Assembly Bill No. 284 of this session is hereby amended by

4-8 adding thereto a new section designated sec. 4.5, following sec. 4, to read

4-9 as follows:

4-10 Sec. 4.5. At the general election on November 7, 2000, in each

4-11 county whose population is 400,000 or more, an advisory question

4-12 must be placed on the general election ballot in substantially the

4-13 following form:

4-14 Should the water authority and each public water system in this

4-15 county that serve a population of 100,000 persons or more continue

4-16 the fluoridation of the water?

4-17 Sec. 3. This act becomes effective upon passage and approval.